When the Town of Lewiston was primarily devoted to agricultural
pursuits, the disposal of storm and surface waters was readily handled
through farm and road ditches and natural watercourses. With subdivision
of farm lands and increasing urbanization, disposal of runoff water
has become a growing problem, magnified by interference both inadvertent
and intentional with the natural flow of such waters and the creation
thereby of hazards to public health and safety. For the purpose of
controlling such hazards, this chapter is enacted.
It shall be unlawful for any person, firm, or corporation hereafter:
A. To construct, install, or erect a drainage ditch, culvert, drain
pipe, sluice or other type of structure for the drainage and disposal
of surface and stormwaters;
B. To dam, obstruct, alter, divert or restrict the flow of surface waters
through any existing ditch, ravine, watercourse, culvert, drain pipe,
sluice or other natural or artificial channel by which surface waters
have customarily been conducted toward an ultimate disposition into
a body of navigable water; without first having obtained permission
therefor from the Town Board as hereinafter provided.
The provisions of the preceding section shall not apply:
A. To any ditch, drain or water channel located wholly upon the land
of a single property owner and so long as there is no interference
or change in flow of surface waters from or onto the lands of others,
including public and private roads and highways.
B. To any work performed by public authority, including any performed
pursuant to Chapter 596 of the Session Laws of 1935 as amended.
C. To any grade development of an individual lot required pursuant to
the Zoning Ordinance of the Town of Lewiston.
Application for permission to perform any work described in §
340-2 of this chapter shall be submitted in writing to the Town Board, and shall include the following:
A. Map or diagram of the property with the location and direction of
flow of all present and proposed ditches, streams, watercourses, pipes
and/or drainage structures which shall specifically disclose the changes
and alterations proposed to be made.
B. Elevations based on U.S. Coast and Geodetic Survey datum of all features
shown.
C. The percent of grade of the flow line of the proposed drainage structure;
the size, shape and kind of any pipe, conduit, sluice or other structure
to be constructed.
D. The disposition which will be made of the water being drained or
channeled from the premises.
E. A stormwater pollution prevention plan (SWPPP), if required for the proposed development activity under Article
II of Chapter
143 of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to §
143-5B of the Town Code.
[Added 12-27-2007 by L.L. No. 3-2007]
The application shall be referred immediately to the Town Engineer
or other authority designated by the Town Board. The application and
site shall be examined by such Engineer or other authority for its
compliance with the master drainage system of the Town, and for any
alterations or modifications which may reasonably be required in order
to avoid possible danger to public health and safety and to provide
the orderly disposition of surface and stormwaters into storm drains,
ditches or other existing publicly owned or controlled drainage for
the area.
[Amended 12-27-2007 by L.L. No. 4-2007]
All drainage ditches, culverts, drains, sluices and drainage structures shall be kept open and free-flowing at all times, and it shall be unlawful for any person, firm or corporation to throw or place any debris or material of any kind or to cause such to be thrown or placed into any drainage ditch or structure within the Town of Lewiston without having obtained a permit as hereinbefore provided. Notwithstanding the foregoing, it shall be unlawful for any person, firm or corporation to discharge or cause to be discharged into the municipal separate storm sewer system, as defined in §
270-4 of the Town Code, any materials other than stormwater except as provided in Article
IX of Chapter
270 of the Town Code.